Bill Text: TX HB165 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to a supporting medically fragile children program for the provision of certain necessary health care services to those children.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-25 - Referred to Human Services [HB165 Detail]
Download: Texas-2021-HB165-Introduced.html
| 87R1123 KFF-F | ||
| By: Bernal | H.B. No. 165 | |
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| relating to a supporting medically fragile children program for the | ||
| provision of certain necessary health care services to those | ||
| children. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 32, Human Resources Code, is amended by | ||
| adding Subchapter G to read as follows: | ||
| SUBCHAPTER G. SUPPORTING MEDICALLY FRAGILE CHILDREN PROGRAM | ||
| Sec. 32.301. DEFINITIONS. In this subchapter: | ||
| (1) "Program" means the supporting medically fragile | ||
| children program established under this subchapter. | ||
| (2) "Section 1915(c) waiver program" has the meaning | ||
| assigned by Section 531.001, Government Code. | ||
| (3) "STAR Kids managed care program" means the STAR | ||
| Kids managed care program operated under Section 533.00253, | ||
| Government Code. | ||
| Sec. 32.302. SUPPORTING MEDICALLY FRAGILE CHILDREN | ||
| PROGRAM. (a) The commission shall develop and implement a program | ||
| to provide financial assistance to eligible Medicaid recipients who | ||
| are in need of the assistance for purposes of receiving or | ||
| continuing necessary health care services that have been delayed or | ||
| denied under Medicaid, including care that has been denied pending | ||
| appeal. Financial assistance under the program must be provided in | ||
| the form of direct reimbursements to health care providers. | ||
| (b) In establishing the program, the commission shall: | ||
| (1) consult with appropriate stakeholders to | ||
| determine: | ||
| (A) application and eligibility requirements for | ||
| receiving financial assistance under the program; and | ||
| (B) how providers will be reimbursed with | ||
| financial assistance granted through the program; and | ||
| (2) designate a person within the commission to act as | ||
| an ombudsman for the program and as a point of contact for Medicaid | ||
| recipients, recipients' families, and health care providers. | ||
| Sec. 32.303. ELIGIBLE MEDICAID RECIPIENTS. To be eligible | ||
| for assistance under the program, a Medicaid recipient must be | ||
| receiving benefits under: | ||
| (1) a Section 1915(c) waiver program, including: | ||
| (A) the Medically Dependent Children Program | ||
| (MDCP); | ||
| (B) the Community Living Assistance and Support | ||
| Services (CLASS) waiver program; | ||
| (C) the Home and Community-based Services (HCS) | ||
| waiver program; and | ||
| (D) the Deaf-Blind with Multiple Disabilities | ||
| (DBMD) waiver program; or | ||
| (2) the STAR Kids managed care program. | ||
| Sec. 32.304. SUPPORTING MEDICALLY FRAGILE CHILDREN | ||
| ACCOUNT. (a) The supporting medically fragile children account is | ||
| an account in the general revenue fund. | ||
| (b) The account consists of: | ||
| (1) appropriations of money to the account by the | ||
| legislature; | ||
| (2) gifts, grants, including federal grants, and other | ||
| donations received under Section 32.305; and | ||
| (3) interest earned on the investment of money in the | ||
| account. | ||
| (c) Money in the account may be appropriated only to the | ||
| commission for purposes of the program. | ||
| (d) The account is exempt from the application of Section | ||
| 404.071, Government Code. | ||
| Sec. 32.305. GIFTS, GRANTS, AND DONATIONS. The commission | ||
| may accept gifts, grants, and donations from any source that are | ||
| made for the purposes of the program. The commission shall deposit | ||
| money received under this section to the credit of the supporting | ||
| medically fragile children account. | ||
| Sec. 32.306. RULES. The executive commissioner shall adopt | ||
| rules necessary to implement this subchapter. | ||
| SECTION 2. If before implementing any provision of this Act | ||
| a state agency determines that a waiver or authorization from a | ||
| federal agency is necessary for implementation of that provision, | ||
| the agency affected by the provision shall request the waiver or | ||
| authorization and may delay implementing that provision until the | ||
| waiver or authorization is granted. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
